Southeast
Trump demands Fani Willis' disqualification over 'misconduct' in opening brief to appeals court
Lawyers for former President Trump have filed the opening brief in their appeal of a court order in hopes of disqualifying District Attorney Fani Willis from the sweeping electioneering case against him in Georgia.
“The brief persuasively argues that the trial court should have dismissed the case and disqualified DA Willis for her forensic misconduct and the appearance of impropriety between her and former Special Assistant DA Wade, who was her lover and taxpayer-funded financial benefactor,” Steve Sadow, lead attorney for Trump, said in a statement.
“We are optimistic that the Court will favorably decide the appeal in our favor.”
The Georgia Court of Appeals agreed to hear arguments on Oct. 4 in the appeal by Trump and his co-defendants to have embattled Willis disqualified from the case due to an “improper” affair with former special prosecutor Nathan Wade.
FANI WILLIS’ EX-STAFFER TESTIFIES SHE WAS FIRED AFTER BLOWING WHISTLE ON DA’S SPENDING
Fulton County District Attorney Fani Willis speaks to the media after winning the Democratic primary on May 21, 2024, in Buckhead, Georgia. (AP Photo/Brynn Anderson)
“Should a prosecutor be disqualified for intentionally and repeatedly violating ethical and professional canons to prejudice defendants for personal or political gain? Yes,” the brief argues.
“Is disqualification necessary when a prosecutor testifies falsely, conceals misconduct, and creates ‘an odor of mendacity’ that results in a ‘significant appearance of impropriety?’ Undoubtedly so. If this prosecutor deflects attention from her misconduct by claiming on national television that the defendants are dishonest racists for bringing the truthful accusations to light, could anyone have confidence in the impartiality of the prosecutor’s actions? Absolutely not,” it states.
The appeals court paused activity in the case against Trump, all but eliminating any opportunity for Willis to try the former president before the election in November.
TRUMP’S APPEAL TO DISQUALIFY FANI WILLIS FROM GA CASE GETS OCTOBER HEARING DATE
Willis filed a motion to dismiss that appeal earlier this month, saying the lower court found there was no sufficient evidence to support their claims that Willis has a conflict of interest, and says that there is “no basis” to appeal Fulton Superior Court Judge Scott McAfee’s March ruling allowing Willis to stay on the case.
Trump’s lawyer called the motion a “last ditch effort to stop any appellate review of [her] misconduct.”
Trump was indicted in August along with 18 co-defendants out of the yearslong criminal investigation led by Willis and state prosecutors in Georgia into his alleged efforts to overturn the 2020 presidential election in the state.
The charges include violating the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act; solicitation of violation of oath by a public officer; conspiracy to commit impersonating a public officer; conspiracy to commit forgery in the first degree; conspiracy to commit false statements and writings; conspiracy to commit filing false documents; conspiracy to commit forgery in the first degree; and filing false documents.
Since then, Willis has struggled to avoid roadblocks in her efforts to try Trump, the presumptive GOP presidential nominee, before the election.
McAfee in March dismissed six of the charges and said the state failed to allege sufficient detail for six counts of “solicitation of violation of oath by public officer.”
District Attorney Fani Willis during a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse on March 1, 2024, in Atlanta. (Alex Slitz-Pool/Getty Images)
In February, Michael Roman, a GOP operative and co-defendant in the case, dropped bombshell accusations that Willis had an “improper” affair with Wade, whom she hired to help prosecute the case in November 2021.
Other co-defendants made similar allegations, and said she financially benefited from her relationship with him by taking lavish vacations together.
Both Wade and Willis denied they were in a romantic relationship prior to his hiring and said the couple would split the costs of their shared travels; Willis said she reimbursed Wade for her share of the trips in cash.
After evidentiary hearings held in February, Judge McAfee ordered that Wade had to be removed in order to keep Willis from disqualification in the Trump election interference case.
“[T]he established record now highlights a significant appearance of impropriety that infects the current structure of the prosecution team – an appearance that must be removed through the State’s selection of one of two options,” he wrote, adding that Willis and her whole office can choose to step aside, or Wade can withdraw from the case.
Wade subsequently resigned from his post as special prosecutor.
In his March order, McAfee said while Willis’ “reimbursement practice” was “unusual and the lack of any documentary corroboration understandably concerning,” he ultimately decided that the defendants did not present “sufficient evidence” that expenses weren’t “roughly divided evenly.”
He also said “the evidence demonstrated that the financial gain flowing from her relationship with Wade was not a motivating factor on the part of the District Attorney to indict and prosecute this case.”
“[T]he Court finds that the record made at the evidentiary hearing established that the District Attorney’s prosecution is encumbered by an appearance of impropriety,” McAfee wrote in his order.
GEORGIA PROSECUTOR FANI WILLIS APPEALS AFTER JUDGE DROPS MULTIPLE TRUMP CHARGES
Nathan Wade arrives before Fulton County District Attorney Fani Willis speaks after winning the Democratic primary on May 21, 2024, in Buckhead, Georgia. (AP)
“As the case moves forward, reasonable members of the public could easily be left to wonder whether the financial exchanges have continued resulting in some form of benefit to the District Attorney, or even whether the romantic relationship has resumed.”
“Put differently, an outsider could reasonably think that the District Attorney is not exercising her independent professional judgment totally free of any compromising influences. As long as Wade remains on the case, this unnecessary perception will persist,” he said.
When the defense in March submitted a joint motion for a Certificate of Immediate Review, McAfee said his Order on the Defendants’ Motions to Dismiss and Disqualify the Fulton County District Attorney issued March 15 “is of such importance to the case that immediate review should be had” and allowed the defendants to ask the Georgia appeals court for an opportunity to appeal, which the court granted last month.
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Southeast
Family member of American killed by Cuban forces in boat shootout says he was on ‘diabolical’ mission
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The brother of an American citizen killed in a brazen boat clash with Cuban forces says his sibling was consumed by an “obsessive and diabolical” push to free the island and that “no one knew” what he was planning.
American citizen Michel Ortega Casanova, who worked as a truck driver, was one of 10 passengers on a Florida-registered boat that allegedly opened fire on Cuban soldiers in an attempt to infiltrate the island.
A Monroe County Sheriff’s Office incident report obtained by Fox News noted the boat’s owner reported it stolen Wednesday after hearing about the Cuba shootout on the news.
The owner, who did not speak English, told deputies his 24-foot vessel went missing, and he suspected an employee named Hector — who had two young daughters in Cuba — may have taken it.
U.S. Secretary of State Marco Rubio addressed an incident involving Cuban forces and a speedboat Wednesday before returning to Washington, D.C., after meetings with Caribbean Community leaders at Robert L. Bradshaw International Airport in Basseterre, Saint Kitts and Nevis. (Jonathan Ernst/Pool/Reuters)
Ortega Casanova, who lived in the U.S. for more than two decades, was one of four killed in the attempt. He is survived by his wife, mother, brother, two sisters, daughter and unborn grandchild.
Six other passengers, all Cubans living in the U.S., were injured. It is unclear if Hector was on board.
Ortega Casanova’s brother, Misael, told The Associated Press Wednesday that his brother had an “obsessive and diabolical” pursuit for Cuba’s freedom.
“Only us Cubans who have lived over there understand [the great suffering],” Misael said.
He said “no one knew” about his brother’s plans to infiltrate the island, noting their mother is “devastated.”
“They became so obsessed that they didn’t think about the consequences nor their own lives,” Misael said.
While Ortega Casanova’s family did not recognize any of the other passengers, Misael said, “maybe [the attempt] will justify that some day Cuba will be free.”
CUBA IS APPROACHING ITS BERLIN WALL MOMENT — AMERICA MUST HELP THEM BREAK THROUGH
Cuban Coast Guard forces reported an exchange of gunfire with a U.S.-registered speedboat Wednesday. (Yamil Lage/AFP via Getty Images)
He refrained from labeling the group heroes, describing the idea as “ignorance.”
Cuban officials said many of the boat passengers, who were intercepted roughly a mile northeast of Cayo Falcones, off Cuba’s north coast, had a known history of criminal and violent activity.
Passengers Amijail Sánchez González and Leordan Enrique Cruz Gómez were wanted by Cuban authorities for their involvement in the “promotion, planning, organization, financing, support or commission of actions carried out in the national territory or in other countries, in connection with acts of terrorism,” according to the government.
Cuban politician Bruno Rodriguez Parrilla posted to X after the incident, claiming a “rigorous investigation” is being conducted to clarify the facts.
CUBA IDENTIFIES 32 MILITARY PERSONNEL KILLED IN US OPERATION AGAINST MADURO REGIME IN VENEZUELA
“Cuba has had to face numerous terrorist and aggressive infiltrations originating from #EEUU since 1959, at a high cost in lives, injuries, and material damage,” Rodriguez Parrilla wrote in a post. “The defense of Cuba’s coasts, of the national territory, and of national security is an ineludible duty.”
Secretary of State Marco Rubio said the U.S. is working to determine whether the passengers were American citizens or permanent residents.
U.S. officials said at least two of the people on the bat were U.S. citizens, and another was on a U.S. K-1 visa — which is granted to fiancées of U.S. citizens for 90 days.
“We have various different elements of the U.S. government that are trying to identify elements of the story that may not be provided to us now,” Rubio told reporters in Basseterre, St. Kitts.
“Suffice it to say, it is highly unusual to see shootouts in open sea like that. It’s not something that happens every day. It’s something, frankly, that hasn’t happened with Cuba in a very long time.”
Cuban officials said the vessel’s passengers were intercepted off the country’s northern coast. (Nicolas Economou/NurPhoto)
RUSSIA WARNS AGAINST ‘PROVOCATIVE ACTIONS’ AROUND CUBA AFTER 4 KILLED ONBOARD US-REGISTERED SPEEDBOAT
Rubio said the U.S. will verify the facts independently, and the U.S. Department of Homeland Security and U.S. Coast Guard are investigating.
Vice President JD Vance said he was briefed on the incident, and the White House is monitoring the situation.
“Hopefully it’s not as bad as we fear it could be,” Vance said.
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Florida’s Attorney General James Uthmeier said prosecutors will work with federal, state and law enforcement partners to start an investigation.
“The Cuban government cannot be trusted, and we will do everything in our power to hold these communists accountable,” Uthmeier wrote in a social media post.
The Associated Press contributed to this report.
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Southeast
Alleged criminal history of missing mom found after 24 years catches up with her
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A North Carolina woman whose disappearance in 2001 triggered a 24-year search is now facing criminal charges from the year she vanished.
Michele Hundley Smith, now 63, was located Feb. 20 at an undisclosed location within North Carolina after detectives received new information about her case, the Rockingham County Sheriff’s Office said.
Smith was 38 when her husband reported that she left their Eden home Dec. 9, 2001, to go Christmas shopping in Martinsville, Virginia, and never returned. Her vehicle was never found.
An extensive investigation followed, and, despite years of investigative work, her whereabouts remained unknown until last week.
The 63-year-old woman posted $2,000 bond on a failure to appear charge related to a DWI from the month before she vanished for 24 years. (Robeson County Sheriff’s Office)
Authorities said Smith told investigators she left on her own accord and referenced “domestic issues.”
Sheriff Sam Page told Fox News Digital the sheriff’s office had no prior record of domestic incidents at the home. No criminal charges are expected in her disappearance. However, following her identification, investigators discovered an outstanding order for arrest dating back to 2001.
A missing persons flyer circulated at the time of Michele Hundely Smith’s disappearance in December 2001. (Bring Michele Hundely Smith Home/Facebook)
MISSING NORTH CAROLINA MOM FOUND ALIVE AFTER 24 YEARS REVEALS WHY SHE LEFT
In a statement, the Rockingham County Sheriff’s Office said that, after consultation with the District Attorney’s Office and further investigation, authorities identified an outstanding order for arrest for Smith for failure to appear.
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The order stemmed from a DWI charge issued by the Eden Police Department Nov. 11, 2001. Smith failed to appear in court Dec. 27, 2001, for that charge, the statement said.
On Feb. 25, 2026, Smith was taken into custody by the Robeson County Sheriff’s Office at the request of Rockingham County authorities. She later posted a $2,000 bond and is scheduled to appear in Rockingham County District Court March 26, 2026.
A missing mom found alive after 23 years reveals she left due to domestic issues. (Bring Michele Hundely Smith Home/Facebook)
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On Thursday, the New York Post reported it had located Smith in a trailer in a rural community near the South Carolina state line. Smith told the outlet she is trying to make amends with her daughter and the family she walked out on decades ago.
“My daughter is forgiving me. We are in contact, so leave me alone,” she told the outlet.
Smith’s neighbors said she had “been here for years and years” and mostly keeps to herself.
“We asked why she didn’t come out of the house much, and she said her husband passed. He passed last year. … She was really sad about it. She said she was depressed and stayed inside,” the neighbor said.
Michele Hundely Smith disappeared after leaving her home in North Carolina to go Christmas shopping in Virginia in December 2001. (Bring Michele Hundely Smith Home/Facebook)
In a 2018 interview on “The Vanished Podcast,” her daughter, Amanda Hundley, said her mother’s marriage was unraveling under the weight of alcohol abuse, infidelity and escalating marital arguments.
Smith had recently lost her job at a veterinary practice after being fired for drinking on the job, Hundley said.
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“My dad didn’t like the fact that my mom hid her drinking. I knew about it, and I was the only one. And I felt, you know, I was young, and I felt obligated not to say anything to betray my mom,” Hundley said on the podcast.
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According to Hundley, her father suspected the drinking but did not fully understand the extent of it until after Smith vanished.
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“He said, ‘Do you know where she kept the bottles at?’ And I showed them we had a little red building outside, and it was full of rum bottles, the empties, the ones that she had already drunk,” recalled Hundley, who was 14 at the time.
The couple’s relationship had also deteriorated. Hundley said both her parents had affairs during the marriage. She described frequent arguments that “got physical a few times.”
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Southeast
Atlanta-area police blast parents over vodka martini packed in school lunch: ‘That is NOT apple juice’
MAHA eyes SNAP, school lunch restrictions for junk food
Agriculture Secretary Brooke Rollins joins ‘Fox & Friends’ to discuss the Trump administration’s ‘Make America Healthy Again’ initiative, detailing new efforts to restrict ultra-processed foods in school lunches and limiting SNAP benefit purchases.
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An Atlanta-area police department issued a blunt notice to parents after officers claimed a child brought a vodka-based beverage to school — tucked beside Doritos in a packed lunch.
The City of South Fulton Police Department sounded off about the incident in a now-viral Facebook post, warning parents to “CHECK. THE. LUNCHBOX.”
“Say Twin… Before you send them babies off to school… CHECK. THE. LUNCHBOX. Because why are we getting reports of juice boxes sitting next to… Cutwater margaritas??” the department wrote.
Officials also shared a photo of the alleged lunchbox, containing what appears to be a child’s lunch, Doritos and a Cutwater Lemon Drop Martini.
The police department shared a photo of a Cutwater canned cocktail in a lunchbox. (City of South Fulton Police Department via Facebook)
“That is NOT Capri Sun. That is NOT Apple Juice. That is a whole ‘Parent had a long night’ starter pack,” the department wrote. “Now little Johnny done pulled up to 3rd period talking about: ‘Who want fruit snacks?’ knowing good and well he got a Lemon Drop Martini in the zipper pocket.”
Cutwater Lemon Drop Martinis, as found in the lunchbox, are 11% ABV ready-to-drink cocktails made with vodka, triple sec, lemon juice and natural flavors.
They come in 12-ounce cans, similar in appearance to a soda can.
The City of South Fulton Police Department issued a statement after the apparent mishap. (City of South Fulton Police Department via Facebook)
CALIFORNIA ‘PARTY MOM’ ACCUSED OF GROOMING VICTIMS FOR SEX, DRINKING IN RITZY MANSION, TEENS TESTIFY AT TRIAL
The department said it understands mornings can be hectic, but issued a stern notice to parents to “TIGHTEN UP.”
“Your child shouldn’t be the only one in the cafeteria with a beverage that requires an ID,” authorities wrote. “If it says 12% ABV… it does NOT belong next to a PB&J.”
Officials also provided a “quick parent checklist,” with items including: “Homework,” “Lunch packed,” and “Alcoholic beverages.”
Boxes of Cutwater Tiki Rum Mai Tai and Strawberry Margarita canned cocktails. (Gado/Getty Images)
“Check the lunchbox before the Fulton County Schools Police resource officers gotta do inventory at recess,” the department added.
It is unclear if any parents or students were disciplined in relation to the mix-up.
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Fulton County Schools did not immediately respond to Fox News Digital’s request for comment.
The City of South Fulton, Georgia, is a rapidly growing municipality located about 20 minutes from Atlanta and Hartsfield-Jackson International Airport.
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